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SILENT POD

Terms & Conditions

Building Compliance and Fire Safety
These terms apply to all quotes, orders, supply, delivery and installation of Silent Pod products by Group SP Australia Pty Ltd (ABN 85 667 649 667) trading as Silent Pod (“Silent Pod”, “we”, “us”). By accepting a quote, paying a deposit or taking delivery, the customer agrees to these terms. They should be read together with our Warranty and Terms & Conditions, which cover warranty, payment, installation and liability. Where there is any inconsistency on building compliance or fire safety matters, these terms apply.

1. Pods are freestanding furniture
Silent Pod products are freestanding, relocatable furniture designed for indoor commercial use. They are not building works, and they are not designed, supplied or certified as part of any building’s structure, fire safety systems or building services.

2. No representation of compliance
Silent Pod does not represent, warrant or certify that any pod complies with the National Construction Code (NCC/BCA), Australian Standards, fire safety requirements, accessibility requirements, or any other building, planning, workplace or regulatory requirement as installed at the customer’s site.

Any product information we provide, including specifications, material data, test reports, fire or acoustic ratings and supplier certificates, is general information only. It is not a certificate of compliance and must not be relied on as one.

3. The customer is responsible for site compliance
Before ordering and installation, the customer is solely responsible for determining, and obtaining at its own cost, everything required for each pod to be lawfully installed and used at its site, including:

  • assessment against the NCC/BCA and any applicable Australian Standards;
  • fire safety, including sprinkler coverage, smoke and heat detection, fire alarm and occupant warning systems, emergency lighting, exit signage and paths of travel to exits;
  • ventilation and air conditioning;
  • accessibility requirements, where they apply;
  • floor load capacity and the suitability of the floor surface;
  • electrical supply and any workplace electrical testing requirements; and
  • approvals or consents from the landlord, building manager, owners corporation, local council, building certifier or fire safety engineer.

We strongly recommend that the customer obtains advice from a qualified building certifier or fire safety engineer before placing an order.

4. Fire safety systems
A pod may affect the performance of a building’s fire safety systems, for example by obstructing sprinkler coverage or smoke detection, or by affecting exit paths. The customer must confirm with its building manager and fire services contractor whether any changes are required. Any such changes, including additional sprinkler heads or detectors, or connection to fire, alarm, monitoring or air conditioning systems, are the customer’s responsibility and are not included in Silent Pod’s supply unless agreed in writing.

5. Placement and ongoing use
The customer is responsible for choosing where each pod is placed and for its ongoing safe use, including keeping exits, corridors and fire equipment clear and following Silent Pod’s usage and care guidelines. Our installers place pods in the position nominated by the customer.

6. Changes required after installation
If a landlord, building manager, certifier, council or other authority requires a pod to be modified, relocated or removed, the customer is responsible for the cost of doing so. This does not entitle the customer to a refund, credit or cancellation of the order.

7. Limitation of liability and indemnity
To the maximum extent permitted by law, Silent Pod is not liable for any loss, damage, fine, penalty, cost or delay arising from a pod not meeting building, fire safety or other regulatory requirements at the customer’s site, or from the customer’s failure to obtain any required advice, approval or modification. The customer indemnifies Silent Pod against any claim, liability or cost arising from those matters.

Nothing in these terms excludes, restricts or modifies any right or remedy that cannot be excluded under the Australian Consumer Law.

8. Changes to these terms
Silent Pod may update these terms from time to time. The version published on our website on the date of the customer’s order applies to that order.

9. Governing law
These terms are governed by the laws of New South Wales, Australia, and the parties submit to the jurisdiction of the courts of New South Wales.

Questions
If you have any questions about these terms or about installing a pod in your building, please contact us before placing your order.